WVC 7 - 14 D- 13
§7-14D-13. Refunds to certain members upon discharge or
resignation; deferred retirement; forfeitures.
(a) Any member who terminates covered employment and is not
eligible to receive disability or retirement income benefits under
this article is, by written request filed with the board, entitled
to receive from the fund the member's accumulated contributions
after offset of any outstanding loan balance, plus accrued
interest, pursuant to section twenty-three of this article. Except
as provided in subsection (b) of this section, upon withdrawal the
member shall forfeit his or her accrued benefit and cease to be a
member.

(b) Any member of this plan who ceases employment in covered
employment and active participation in this plan, and who
thereafter becomes reemployed in covered employment may not receive
any credited service for any prior withdrawn or offset accumulated
contributions from either this plan or the Public Employees
Retirement System relating to the prior covered employment unless
following his or her return to covered employment and active
participation in this plan, the member redeposits in this plan the
amount of the withdrawn accumulated contributions submitted on
salary earned while a deputy sheriff, together with interest on the
accumulated contributions at the rate determined by the board from
the date of withdrawal to the date of redeposit. Upon repayment he
or she shall receive the same credit on account of his or her
former service in covered employment as if no refund had been made. The repayment authorized by this subsection shall be made in a lump
sum within sixty months of the deputy sheriff's reemployment in
covered employment or if later, within sixty months of the
effective date of this article.

(c) A member of this plan who has elected to transfer from the
Public Employees Retirement System into this plan pursuant to
subsection (b) of section five of this article may not, after
having transferred into and become an active member of this plan,
reinstate to his or her credit in this plan any service credit
relating to periods of nondeputy sheriff service which were
withdrawn from the Public Employees Retirement System plan prior to
his or her elective transfer into this plan.

(d) Every member who completes sixty months of covered
employment is eligible, upon cessation of covered employment, to
either withdraw his or her accumulated contributions in accordance
with subsection (a) of this section, or to choose not to withdraw
his or her accumulated contribution and to receive retirement
income payments upon attaining normal retirement age.

(e) Notwithstanding any other provision of this article,
forfeitures under the plan shall not be applied to increase the
benefits any member would otherwise receive under the plan.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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